N.Y. Public Health Law § 4202: Cremated remains; disposition

§ 4202. Cremated remains; disposition. 1. Every body delivered to a

cemetery for cremation, or natural organic reduction, shall be

accompanied by a statement from a physician, coroner, or medical

examiner certifying that such body does not contain a battery or power

cell. The person in charge of a cemetery may refuse to cremate or

naturally organically reduce a body unless accompanied by such

statement.

2. Cremated remains means human remains after incineration in a

crematory. Naturally organically reduced remains means human remains

that have been naturally organically reduced to soil.

3. An institution authorized by article forty-two or forty-three of

this chapter to receive unclaimed cadavers or anatomical gifts,

notwithstanding any other provision of law, may prepare or preserve

cadavers in its lawful possession for purposes of research, study or

anatomical instruction and may cremate the cadavers or dissected remains

of such cadavers after the completion of such research, study or

anatomical instruction thereon; provided, however, that cremation shall

be performed only in a retort used exclusively for such purpose. For the

purposes of the provisions of this subdivision, such institution shall

not be subject to article fifteen of the not-for-profit corporation law.

4. At the time of the arrangement for a funeral performed by any

undertaker or funeral director, the person contracting for funeral

services shall designate his intentions with respect to the disposition

of the remains of the deceased in a signed declaration of intent on a

form as designated by the department which shall be provided by and

retained by the undertaker. Every undertaker, administrator, executor,

authorized representative of a deceased person, corporation, company or

association, or other person having in his or its lawful possession

cremated or naturally organically reduced remains, except such remains

committed to his or its care for permanent interment, which remains

shall not have been claimed by a relative or friend of the deceased

person within one hundred twenty days from the date of cremation or

natural organic reduction, may dispose of such remains by placement in a

tomb, mausoleum, crypt, niche in a columbarium, burial in a cemetery, or

scattering of the remains at sea or by otherwise disposing of such

remains as provided by rule of the department. A record of such

disposition shall be made and kept by the person making such

disposition. Upon disposing of such remains in the manner prescribed

above, such person shall be discharged from any legal obligation or

liability to the authorizing agent or any other person enumerated under

paragraph (a) of subdivision two of section forty-two hundred one of

this title in relation to such remains.